SUPREME COURT.

Gisborne Times, Volume XXVII, Issue 2619, 29 September 1909, Page 7

SUPREME COURT.

CIVJL SITTINGS. (Before His Honor Mr Justice Cooper, TUESDAY, SEPTEMBER 28.

LYSNAR v. RANIERA TARAIRE AND OTHERS.

In the Supreme Court yesterday the hearing was continued of the action between the East Coast Commissioner, William Douglas Lysnar, and Raniera Taraire and others, in respect of money payable by the Commissioner to the last-named parties, who were owners of the Nukutaurua No. 1 and Moutere No. 1 blocks.

Mr. J. W. Nolan represented the Commissioner, Mr. L. T. Burnard appeared for Mr. Lysnar, and Mr. Finn for all the other parties excepting Kate Greening, who was represented by Mr. G. Stock Mr. Lysnar, whose evidence was not finished overnight, stated that no portion of hi s bill of costs for £219 had been allowed in connection with the Mahia lands. He only included in the bill what he thought lie could recover for the Receiver, and put a note on the bill to that effect. Undsr 'cross-examination by Mr. Finn, Mr. Lysnar explained the various bills of costs, and the sums he had received and paid out. v His Honor: It seems to me the claimant has paid out the money with interest. The question is whether he can recover his costs. Mr. Finn remarked that Mr. Lysnar had money in hand over and above the £219 that he claimed as costs. His Honor said that it was not the business of the Court at present what money was retained. If the claimant already held the amount of the claim he would not want his lien.

Mr. Lysnar, in reply to further questions, explained that he had paid out all the money received from the trustees, less the amounts duo to him by the Natives, with the exception of three mentioned. In 1908 Mr. Finn demanded £43 6s 4d on behalf of Ahenata te Maire. At that time he held that amount for her, with other money. On a further demand being made in January he paid £76 4s 9d with interest. He had not rendered his bill of costs earlier because the money was not available. In January and February, 1908, he received claims from all the Natives, but some of these subsequently told him that they did not want to press things, though Mr Finn had wanted them to issue writs. At the. time of this demand he had s9 me £2OO in hand, hut had claims against this amounting to £4OO. Mr. Justice Cooper said the question was whether Mr. Lysnar had established the fact of his retainer by the Natives, and if he had he would direct the bill of costs to be taxed. Mr. Finn, on behalf of Ilariera Taraire and the others, said lie could call no evidence to show who the sucessors were, Harold Carr, Registrar of the Validation Court, produced .various documents bearing on the case. Just before"luncheon an adjournment was granted on Mr. Finn’s application to enable the parties te confer together. On the resumption it was announced that the parties had come to terms. The terms of settlement were as follows: —(1) Mr. Lysnar to receive £350 in full settlement of all claims made in connection with these proceedings, provided that if Mohi Tuamotu’s claim to one-half share of lhakara Waipakiaka’s share is not sustained, then the amount be reduced by £25. (2) Mr. Lysnar to receive his costs of these proceedings, such costs to be settled by tho Judge. (3) Mr. Lysnar to receive the amount set out in the various charging orders served by him upon the Commissioner. (4) Mr. Lysnar and the Nukutaurua and Moutere No I Natives mentioned in these proceedings shall mutually release each other from all claims and demands which they may have against each other, whether in respect of matters arising from these proceedings or not. His Honor remarked that he was glad the matter had been settled. A dispute such as this was expensive and harassing to all parties concerned, and was eminently a matter to be settled. With respect to costs, Mr. Burnard said that they had been £l7 out of pocket over a visit to Auckland. Eventually His Honor allowed £44 6s costs. He would order Mr. Nolan’s costs to he taxed and paid out of the fund if no agreement could be arrived at.

In reference to the issue respecting the claim of Kate Greening, His Honor said that even assuming that a succession order was made in Nukutaura Nos. 2 and 3, the decision was limited only to these’ subdivisions, and the interest of the testators in No. 1 was left by probate to Kate Greening. The Native Land Court had granted probate after being satisfied on the matter. The Court would accordingly find in favor of the claimant, who would be entitled to all moneys arising from the interest of Ihaka Waipakiaka in Njikutaurua No. 1 in the hands of the Commissioner. Counsel’s costs of £5 5s were allowed.